web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

CrPC 407 – Power of High Court to transfer cases and appeals

Posted on March 15, 2019 by ShadesOfKnife

407. Power of High Court to transfer cases and appeals.

(1) Whenever it is made to appear to the High Court-

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise, or

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order-
(i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;
(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
(iii) that any particular case be committed for trial to a Court of Session; or
(iv) that any particular case or appeal be transferred to and tried before itself.

(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.
(3) Every application for an order under sub- section (1) shall be made by motion, which shall, except when the applicant is the Advocate- General of the State, be supported by affidavit or affirmation.
(4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under sub- section (7).
(5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with copy of the grounds on which it is made; and no order shall be made on of the merits of the application unless at least twenty- four hours have elapsed between the giving of such notice and the hearing of the application.
(6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court’ s power of remand under section 309.
(7) Where an application for an order under sub- section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub- section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order of Government under section 197.

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 407 - Power of High Court to Transfer Cases and Appeals. | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Sanjay Bhalkar Vs State of Maharashtra on 13 Jan 2020 November 27, 2023
  • Omprakash Sahni Vs Jai Shankar Chaudhary and Anr on 02 May 2023 November 26, 2023
  • Chetram Mali Vs Karishma Saini on 21 Nov 2023 November 23, 2023
  • Priya Indoria Vs State of Karnataka and Ors on 20 Nov 2023 November 23, 2023
  • Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010 November 13, 2023

Most Read Posts

  • Sindhu Janak Nagargoje Vs The State of Maharashtra and Ors on 08 Aug 2023 (4,338 views)
  • Swapan Kumar Das Vs State of West Bengal on 21 Aug 2023 (1,924 views)
  • Dhananjay Mohan Zombade Vs Prachi Dhananjay Zombade on 18 Jul 2023 (1,867 views)
  • Rajan and Anr Vs The State of Madhya Pradesh and Anr on 17 Aug 2023 (1,787 views)
  • Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023 (1,756 views)
  • Shilpashree J.M. Vs Gurumanjunatha .A.S. on 19 Jun 2023 (1,697 views)
  • Kantharaju Vs State of Karnataka on 17 Jul 2023 (1,429 views)
  • Anshu Gupta Vs Adwait Anand on 09 Aug 2023 (1,164 views)
  • Asfaq Alam Vs State of Jharkhand and Anr on 31 Jul 2023 (948 views)
  • Niharika Kundu Vs Shankar Ghosh on 12 Sep 2023 (864 views)

Tags

Reportable Judgement or Order (360)Legal Procedure Explained - Interpretation of Statutes (347)Landmark Case (334)2-Judge (Division) Bench Decision (300)Catena of Landmark Judgments Referred/Cited to (233)Work-In-Progress Article (216)1-Judge Bench Decision (193)Sandeep Pamarati (91)3-Judge (Full) Bench Decision (88)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (58)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (41)Not Authentic copy hence to be replaced (38)CrPC 482 - Quash (38)HM Act 13 - Divorce Granted to Husband (35)Advocate Antics (35)PWDV Act 20 - Maintenance Granted (33)

Categories

Supreme Court of India Judgment or Order or Notification (664)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (300)High Court of Andhra Pradesh Judgment or Order or Notification (162)High Court of Delhi Judgment or Order or Notification (120)High Court of Bombay Judgment or Order or Notification (95)High Court of Karnataka Judgment or Order or Notification (73)High Court of Madras Judgment or Order or Notification (58)General Study Material (55)Prakasam DV Cases (46)High Court of Punjab & Haryana Judgment or Order or Notification (46)Assorted Court Judgments or Orders or Notifications (46)LLB Study Material (45)High Court of Allahabad Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)District or Sessions or Magistrate Court Judgment or Order or Notification (42)High Court of Kerala Judgment or Order or Notification (31)High Court of Madhya Pradesh Judgment or Order or Notification (28)High Court of Gujarat Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (20)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • Akif on Lifecycle Stages of a Maintenance Case under Section 125 CrPC
  • ShadesOfKnife on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
  • Adv. Dipankar Saha on Vipul Lakhanpal Vs Pooja Sharma on 01 June 2015
  • ShadesOfKnife on All Reliefs from Judiciary
  • Anuj Rathi on All Reliefs from Judiciary

Archives of SoK

  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • HKG (Hong Kong) on 2023-12-13 December 13, 2023
    THIS IS A SCHEDULED EVENT Dec 13, 19:00 - 23:00 UTCNov 29, 09:40 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-12-13 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • HKG (Hong Kong) on 2023-12-11 December 11, 2023
    THIS IS A SCHEDULED EVENT Dec 11, 19:00 - 23:00 UTCNov 29, 09:20 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-12-11 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • KIX (Osaka) on 2023-12-06 December 6, 2023
    THIS IS A SCHEDULED EVENT Dec 6, 16:00 UTC  -  Dec 7, 00:00 UTCNov 27, 07:00 UTCScheduled - We will be performing scheduled maintenance in KIX (Osaka) datacenter between 2023-12-06 16:00 and 2023-12-07 00:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.48.37.94 | SW November 29, 2023
    Event: Bad Event | Total: 565,868 | First: 2020-01-25 | Last: 2023-11-29
  • 209.85.219.184 | S November 29, 2023
    Event: Bad Event | Total: 113 | First: 2018-10-12 | Last: 2023-11-29
  • 178.151.205.154 | SDC November 29, 2023
    Event: Bad Event | Total: 487 | First: 2018-09-24 | Last: 2023-11-29
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 766 access attempts in the last 7 days.

pixel